O'BRIEN v. BAKER EQUIPMENT

2008-10744.

67 A.D.3d 657 (2009)

886 N.Y.S.2d 904

2009 NY Slip Op 07994

EDWARD O'BRIEN et al., Respondents, v. BAKER EQUIPMENT, Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided November 4, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied those branches of the defendant's motion which were for summary judgment dismissing the causes of action alleging strict products liability and negligence premised on defective product design. The defendant manufacturer failed to establish, prima facie, that it did not design or manufacture an unreasonably dangerous...

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